Montalvo v. CDCR Personnel

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/30/2017 ORDERING the clerk of the court shall send to petitioner the application for leave to proceed in forma pauperis. Within 30 days from the date of service of this order, petitioner shall either pay the $400.00 filing fee or submit a complete application for leave to proceed in forma pauperis. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CONFESSOR MONTALVO,

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Plaintiff,

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No. 2:17-cv-0631-EFB P

v.

ORDER

CDCR PERSONNEL,

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Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983.1 To proceed with a civil action a plaintiff must pay the $400 filing fee required by

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28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and

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trust account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor

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submitted an application for leave to proceed in forma pauperis.
Accordingly, plaintiff has 30 days from the date of service of this order to submit either

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the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail

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Plaintiff initially commenced this action in the Fresno division of the court. This action
was opened when the magistrate judge assigned to the Fresno action severed plaintiff’s claims
arising out of events at High Desert State Prison, and transferred them to this court. ECF No. 1.
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to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this

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order will result in dismissal of this action.

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So ordered.

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Dated: March 30, 2017.

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